Caitlyn Is Building a Treehouse for Her Son in Her

Multiple Choice

Caitlyn is building a treehouse for her son in her back yard.Although the project is only half completed, it already is quite large.Caitlyn's neighbour, Vikram is doubly upset.First, he is unhappy because he enjoyed sitting on his front porch and watching the sun set every evening.The treehouse now completely blocks his view of the sunset.Second, Vikram is angry that Caitlyn often works on the treehouse until midnight.The sound of her hammering and sawing prevents Vikram from getting to sleep at night.Which of the following statements is most likely to be TRUE?

A) If Vikram sues for the tort of nuisance, Caitlyn will be held liable for the late-night noise, but not Vikram's inability to watch sunsets.
B) If Vikram sues for the tort of nuisance, Caitlyn will be held liable for preventing Vikram from watching sunsets, but not for the late-night noise.
C) Because sound waves travel, Caitlyn will be held liable for trespass to Vikram's land.
D) Because construction noises are seldom heard at night in residential areas, Caitlyn will be held liable to Vikram under the rule in Rylands v Fletcher.
E) If Caitlyn received a municipal permit to build the treehouse, she would certainly have a complete defence if Vikram sued for nuisance.